March 2012

I am proud to announce a third appellate win under my belt, this time in defense of a favorable trial win for the Employer/Carrier. Unfortunately, the First DCA did not comment on why they upheld the decision (and also remanded the case back to the Judge for a smaller issue of TPD clarification), but I wanted to use the facts of this case to explore the intricacies of the recent Byczinski decision, apportionment, and major contributing cause.

In particular, most cases that involve a pre-existing condition only have 2 major contributing causes. In my case, we had multiple causes. . .